Council Code of Conduct Bylaw No. 609 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 5b10e1b2473a · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## VILLAGE OF BELCARRA ## Council Code of Conduct Bylaw No. 609, 2023 ## A bylaw to govern the conduct of members of Council WHEREAS Council Members are keepers of the public trust and must uphold the highest standards of ethical behaviour in order to build and inspire the public's trust and confidence in local government; AND WHEREAS Council Members are expected to: - (a) make decisions that benefit the community; - (b) act lawfully and within the authorities of the Community Charter, Local Government Act and other applicable enactments; and - (c) be free from undue influence and not act, or appear to act, to gain financial or other benefits for themselves, family, friends or business interests; AND WHEREAS Council wishes to conduct its business in a transparent, efficient, accountable and respectful fashion; AND WHEREAS it is to the benefit of the community for Council to conduct its business in accordance with the Village's values of community, innovation, integrity, service and teamwork; and AND WHEREAS Council Members intend to demonstrate their leadership in ethical behaviour and to promote the principles of transparency, accountability and civility through their decisions, actions and behaviour; NOW THEREFORE, the Council of the Village of Belcarra enacts as follows: - This Bylaw shall be cited for all purposes as the "Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 ## Definitions 2. In this Bylaw 2. "Advisory Body" means a committee, task force, commission, board or other body established or appointed by Council or by the Mayor; 3. "Advisory Body Member" means a person sitting on an Advisory Board, and includes a Council Member appointed to the body;  ## Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 "Bully and Harass" includes: - (a) any conduct that would be contrary to the Village's Respectful Workplace Policy; - any unwelcome or objectionable conduct or comment that would be considered discriminatory under the Human Rights Code if the conduct or comment was in respect of any of the following prohibited grounds: - (i) race, - (ii) conviction for an offence, - (iii) colour, - (IV) ancestry, - (V) physical disability, - (vii) mental disability, - (vi) place of origin, - (viii) political belief, - (ix) sex, - (x) religion, - (xii) marital status, - (xi) age, - (xiii) sexual orientation, - (xiv) family status. - (c) Sexual Harassment; - (d) any other unwelcome or objectionable conduct or comment by a Council Member toward another Council Member, an Advisory Board Member, Volunteer or Staff that causes that individual to be humiliated or intimidated, including verbal aggression or insults, making derogatory comments, including questioning the professional competence of an Advisory Board Member, Volunteer or Staff, calling someone derogatory names, hazing or initiation practices, vandalizing personal belongings or spreading malicious and untrue rumours; "Campaign Period" means the period commencing the first of October immediately preceding a general election and ending on the day of the general election; "Child" means a person toward whom a Responsible Adult has demonstrated a settled intention to treat as a child of his or her family and includes a child born within or outside marriage, an adopted child, step-child or grandchild; "Chief Administrative Officer" means the Municipal Officer position of the Chief Administrative Officer; "Commissioner" means the individual appointed by Council from time to time on retainer to participate in formal complaint process is in accordance with this bylaw; ## Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 "Confidential Information" means information or a record that is marked confidential by Council or Staff, that is personal information, that could reasonably harm the interests of individuals or organizations including the Village if disclosed to persons who are not authorized to access the information, or information or a record to which section 117 of the Community Charter applies, including, without limitation, any: - (a) decisions, resolutions or report contents forming part of the agenda for or from a Closed meeting of Council until a Council decision has been made for the information to become public or otherwise released; and - (b) details on Council's Closed meeting deliberations or specific detail on whether an individual Council Member voted for or against a matter; "Corporate Officer" means the Municipal Officer position of Village Clerk that has been designated the corporate officer under section 148 of the Community Charter, "Council Member" means the Mayor or a Councillor; "Family Member" means a Spouse, a Child, a Responsible Adult, and siblings; "Lobbying" means any communication with a Council Member by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development decisions, business licence decisions, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution, or development approval, zoning bylaw amendment, or termination of a Village policy, program, directive, guideline, or the outcome of a decision on any matter before Council, an Advisory Body, or Staff; "Municipal Officer" means a member of staff designated as an officer under section 146 of the Community Charter or a bylaw under that section; "Personal Information" has the same meaning as in the Freedom of Information and Protection of Privacy Act; "Responsible Adult" means a person who has demonstrated a settled intention to treat a Child as a member of his or her family whether or not that person is the biological parent of the Child; "Sexual Harassment" is any verbal, written or physical conduct, comment, gesture or contact of a sexual nature that may cause offence or humiliation to a Council Member, Staff, Advisory Body Member, Volunteer or a member of the public or that might reasonably be perceived by Staff, an Advisory Body Member or Volunteer as placing a condition of a sexual nature on employment or on any opportunity for training or promotion, and examples of sexual harassment may include but are not limited to: - (a) unwelcome remarks, questions, jokes, innuendo or taunting, about a person's body or sex, including sexist comments or sexual invitations; - (b) verbal abuse and threats of a sexual nature; - (c) leering, staring or making sexual gestures; ## Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 - (d) display of pornographic or other sexual materials in the form of degrading pictures, graffiti, cartoons or sayings; - (e) unwanted physical contact such as touching, patting, pinching, hugging; - (f) intimidation, threat or actual physical assault of a sexual nature; - (g) sexual advances with actual or implied work-related consequences; "Spouse" means a person to whom the person is married or with whom the person is living in a marriage-like relationship, and includes a former spouse; "Staff" means a Municipal Officer or employee, a contractor, consultant or other service provider; "Village" means the Village of Belcarra; "Village Business" means any Village program, activity, policy, process, project or undertaking; "Village Solicitor" means the Municipal Officer position of the Village solicitor; "Village Record" includes anything on which information is recorded or stored by graphic, electronic, mechanical or other means in any format, but does not include a computer program or any other mechanism that produces records; "Village Record System" means a system used by the Village of Belcarra to manage Village Records from creation through to disposal or long-term preservation; "Volunteer" means a person serving the Village who is a not a Council Member, member of Staff or an Advisory Board Member; "Workplace" includes, but is not limited to, work sites owned, operated or controlled by the Village, including the municipal hall, operations centres, fire hall, parks locations and buildings, construction or maintenance sites, business related social functions, work locations away from the foregoing venues, work related conferences and training sessions, work related travel, telephone conversations, voice mail or electronic messaging. ## Interpretation 3. In this Bylaw, a reference to the Mayor, a Chair, or Staff includes, in the absence of the Mayor, Chair or Staff member, a reference to the person appointed as deputy or appointed to act in the place of that person from time to time. 2. Without limitation, this Bylaw applies in respect of the Workplace and elsewhere, and without limitation applies to the use of social media by a Council Member. ## PART 1 - CONDUCT OF ELECTED OFFICIALS ## General Conduct 5. A Council Member shall not: 2. (a) contravene this Bylaw, as amended or replaced; 3. (b) contravene any other Village bylaw or policy, as amended or replaced; 4. (C) breach their oath sworn upon taking office as a Council Member; 5. (d) contravene a law of British Columbia or Canada, including the British Columbia Human Rights Code or the Freedom of Information and Protection of Privacy Act; 6. (e) Bully or harass another person; 7. (f) defame another person; 8. (g) abuse their office. 6. A Council Member shall treat other Council Members, Staff, Advisory Body Members, Volunteers, and the public with respect and dignity. 10. A Council Member shall align their conduct with the Village's values of integrity, innovation, service, teamwork and community. ## Interactions of Council Members with Staff, Volunteers and Advisory Body Members 8. A Council Member shall not issue instructions or directions to Staff regarding Village Business except through the Chief Administrative Officer or the appropriate department manager. 9. Before, during or after a procurement process, a Council Member shall not issue instructions or directions to a contractor, tenderer, proponent, consultant or other service provider. Outside of a Council or committee meeting, a Council Member shall not communicate with a tenderer or proponent regarding the subject matter of the procurement. 10. A Council Member shall not interfere with, hinder or obstruct Staff, a Volunteer or an Advisory Board Member in the exercise or performance of their roles, responsibilities, powers, duties or functions. 11. If a Council Member has information about Staff, a Volunteer or an Advisory Board Member that the Council Member wishes to bring to the attention of the Village for the purposes of a review or investigation into the conduct or an omission of the individual, the Council Member may only do so by delivering the information in writing to the Chief Administrative Officer. On receipt of such information, the Chief Administrative Officer shall conduct a review or investigation and address the matter in accordance with the Village's employment agreements, bylaws and policies and with the applicable employment law or professional responsibility enactments. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 ## Conduct at Council and Advisory Board Meetings 12. A Council Member must act with decorum at Council and Advisory Body meetings in accordance with the Village of Belcarra Council Procedure Bylaw No. 593, 2021, as amended or replaced from time to time. 13. Council Members shall make every effort to participate diligently in the activities of Council and Advisory Bodies or other bodies to which they are appointed by the Village or by virtue an elected official, including intergovernmental meetings. To "participate diligently" means that a Council Member shall not be absent from meetings of Council or Advisory Body meetings, or from those of other bodies to which they are appointed by virtue of their status as a Council Member, without reasonable justification (such as illness of the Council Member, family circumstance, regional government business) for more than four consecutive scheduled meetings, for a period of 60 consecutive days, or on a regular basis. ## Improper Use of Influence 14. A Council Member shall only use the influence of their office in the good faith exercise of their official duties. ## Election Activities 15. A Council Member shall not participate in any civic events requiring them to perform official ceremonial duties between the last day of the nomination period and the voting day, as defined in the Local Government Act, unless authorized by a resolution of Council. 16. A Council Member shall comply with the Local Government Act and the Local Elections Campaign Financing Act when undertaking election campaign activities and fundraising. 17. A Council Member shall not use the Village's employees, property or resources for election campaign or fundraising activities at any point during a term of office, unless those resources are similarly available to all candidates and the fees associated with the use of the employees, property or resources has been paid for with election campaign funds. Without limiting the generality of the foregoing, this prohibition applies to: 4. (a) data sets and Personal Information collected and maintained by the Village; 5. (b) office space; and 6. (c) Village websites or external websites paid for by the Village. 18. A Council Member may include a link on his or her campaign website to the Village's website or an external website paid for by the Village. 19. During the Campaign Period, a Council Member shall not: 2. (a) deliver Village funded newsletters or conduct open houses funded by the Village; 3. distribute mass e-mails from the Council Member's Village e-mail address, unless the communication arises from an emergency and the communication is authorized by the Chief Administrative Officer; - (0) update websites that are either Village hosted or paid for by the Village; 5. (d) use social media and internet resources such as Twitter, Facebook or Instagram in the Council Member's personal name, unless those accounts include a disclaimer that they are not Village-funded and do not reflect Village policy; nor 6. (e) request that Village employees work on an election campaign during hours in which the employee receives compensation from the Village, unless the work both unavoidably overlaps with the regular duties of the employee and is minor and infrequent, such as coordinating campaign schedules with the Council Member's calendar or redirecting citizens with campaign questions to campaign staff. 20. Council Members and their staff may take unpaid leave from the Council Member's office to work on an election campaign. ## Conflicts of Interest 21. A Council Member shall rigorously avoid situations which may result in claims of pecuniary interest, conflict of interest or bias. 22. A Council Member must disclose any conflict of interest in accordance with section 100 of the Community Charter and, if conflicted, must refrain from participating in a meeting in accordance with section 101 of the Community Charter. 23. In respect of each matter before Council, a Council Member shall: 4. (a) assess whether they have a conflict of interest, if necessary, with the advice of one or more Municipal Officers; and 5. (b) determine whether it is necessary to seek independent legal advice, at their own cost except where the Chief Administrative Officer approves the cost if concerned about the validity of an affected bylaw or resolution, with respect to any situation which may result in a conflict of interest. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 24. If a Council Member believes they may have or may reasonably be perceived to have a conflict of interest in respect of a matter in a Council or committee meeting, the Council Member shall: 2. (a) notify the Mayor or the Chair of the meeting that the Council Member has a conflict of interest prior to the matter being considered, and the Council Member shall restate the conflict of interest each time the matter arises before Council; 3. (b) refrain from discussing the matter with any other Council Member publicly or privately; and 4. (c) leave the meeting room if the matter is discussed and not return until discussion has ended or voting on the matter has been concluded. ## Outside Activities and Business Relations 25. A Council Member who engages in another profession, business or occupation concurrently with holding office shall not allow such outside employment to affect the Council Member's integrity, independence or competence. Without restricting the scope of this duty, the following shall be a contravention of this part of the Code of Conduct: 2. (a) acting as an officer or director for a business that receives municipal funds in the form of grants or payments for goods or services; 3. (b) acting as an officer or director for a business that lobbies the Village; 4. (C) allowing the prospect of future employment by a person other than the Village to affect the Council Member's performance of his or her duties to the Village; 5. (d) borrowing money from any person who regularly does business with the Village, unless such person is an institution or company who shares are publicly traded and who is regularly in the business of lending money, such as a credit union; 6. (e) acting as a paid agent before Council or an Advisory Body; 7. (f) receiving compensation for referrals to a specific business; 8. (g) receiving compensation that is dependent on the business being awarded a contract with the Village; 9. (h) subject to sections 38 through 41, providing advice for renumeration to any person who is involved in litigation or lobbying against the Village, unless the Council Member first gives written notice of the relationship to the Corporate Officer who shall keep a record of the notice. 26. A Council Member may obtain advice from one or more Municipal Officers on whether a new profession, business or occupation is compatible with their obligations under sectior 27 of this Bylaw. The Corporate Officer shall keep a record of the advice and the subsequent conduct of the Council Member. The advice is not binding on the Council Member but is intended to provide independent objective assistance to the Council Member. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 ## Council Members' Use of Municipal Assets and Services 27. A Council Member shall not use, or permit the use of, Village land, facilities, equipment, supplies, services, property, employees or other resources for activities other than Village Business unless the use or the permission is on the same terms and conditions that the land, facilities, equipment, supplies, services, property, employees or other resources are available to the general public. Accordingly, a Council Member shall not obtain personal gain from the use or sale of Village-developed intellectual property, including all discoveries, inventions, know-how, improvements, developments, processes, technology, compositions, designs, techniques, industrial designs, compositions, prototypes, models, literary work, research, drawings, software and trade secrets whether or not capable of patent, industrial design, copyright or trademark protection, or any other type of protection. Council Members acknowledge and do not dispute that all such property that a Council Member may prepare, use or encounter while holding office will be and remains the Village's exclusive property. 28. A Council Member shall not request Staff to undertake personal or private work on behalf of the Council Member, nor shall a Council Member accept such work from Staff. ## Employment of Council Family Members 29. A Council Member shall not attempt to influence personnel decisions regarding the decision to hire, transfer, promote, demote, discipline, or terminate an Advisory Board Member, a Volunteer or Staff. This prohibition includes giving references to any person applying for a position at the Village and forwarding copies of an applicant's resume to any person hiring for any position at the Village. 2. A Council Member shall not attempt to obtain a benefit from the Village for a Family Member. 30. ## Gifts 31. For the purpose of sections 31 through 37 of this Bylaw, a gift or benefit is an item or service of value that is received by a Council Member for their personal use, including, bu is not limited to money, gift cards, tickets to events, clothing, jewelry, pens, food o beverages, discounts/rebates on personal purchases, free or subsidized drinks or meals, entertainment, participation in sport and recreation activities, and invitations to social functions. 32. A Council Member must comply with the restrictions on accepting gifts in section 105 of the Community Charter and must disclose any permitted gifts over $250 in accordance with section 106 of the Community Charter. 33. A gift or benefit provided to a Council Member's Family Member or staff in relation to Village Business is deemed to be a gift or benefit to that Council Member. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 34. If a Council Member is required to disclose to a Municipal Officer the nature of the gift or benefit, the Council Member shall also include a description of its source, including if the gift is from a corporation, the full names and addresses of at least two individuals who are directors of the corporation; when it was received; and the circumstances under which it was given and accepted. 35. The Corporate Officer shall keep a record of this disclosure. 36. On receiving the disclosure statement, the Mayor may deliver written notice to a Council Member requesting the Council Member to justify the receipt of the gift or benefit. The Corporate Officer shall keep a record of the notice from the Mayor and the response from the Council Member. If the Mayor is the subject of the gift disclosure, the Acting Mayor shall deliver the notice under this section. 37. On reviewing the disclosure and response, if Council considers the receipt was in contravention of this Bylaw or the Community Charter, Council may by resolution request the Council Member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, or forfeit the gift. ## Collection and Handling of Information 38. A Council Member shall not release any Confidential Information unless the Council member is specifically authorized to release it by: 2. (a) a resolution of Council to use or release the Confidential Information, and then only to the extent of the Council authorization; 3. (b) authorized discussion of the Confidential Information at a meeting that is open to the public; or 4. (c) lawful authorization under separate legal authority. 39. A Council Member must not discuss or disclose Personal Information of others to any person, except in a manner that complies with the duty to protect Personal Information under the Freedom of Information and Protection of Privacy Act. 40. A Council Member shall take reasonable care to prevent unauthorized access to Confidential Information or Personal Information by unauthorized persons. If a Council Member learns of unauthorized access to Confidential Information or Personal Information, the Council Member shall report this information to the Chief Administrative Officer as soon as possible. 41. A Council Member shall comply with the directions of the Corporate Officer respecting the use of the Village Record System. ## Council Members' Use of Social Media 42. A Council Member shall not publish Confidential Information on social media, unless authorized in accordance with the provisions of section 40 of this Bylaw. 43. A Council Member shall not publish information or an opinion on social media about Village Business, unless the publication republishes the information that has been released by the Village without alteration or the opinion includes a statement to the ettect that the "opinion expressed is my own and does not necessarily reflect the view or opinions of the Village of Belcarra or other members of Belcarra Council". 44. Without limiting any other obligation imposed by this Bylaw, a Council member shall not use or allow the use of their social media account for purposes that include content that: 4. (a) bullies and harasses another Council Member, an Advisory Board Member, a Volunteer, Staff or a member of the public; 5. (b) evidences bias or a reasonable apprehension of bias in relation to a matter that is the subject of a statutory or other public hearing; - (0) promotes or constitutes illegal activity; 7. (d) may compromise the safety or security of the public. 45. A Council Member shall take steps to remove from their social media account any publication by another person of content that violates this Bylaw. ## Communication Protocol 46. Council may appoint the spokesperson on Village Business. Once a spokesperson has been appointed, a Council Member that is not appointed as the spokesperson shall ensure that inquiries from the public and media on the Village's position are directed to the spokesperson. A Council Member communicating their own opinion shall ensure that the communication clearly indicates that it is the Council Member's own position. Nothing in this section prevents Council from appointing multiple spokespersons or changing the appointed spokesperson. Where no spokesperson has been appointed, the Mayor shall act as the spokesperson. ## Interactions with the Public and the Media 47. A Council Member shall accurately communicate the decisions of the Council, even if they disagree with the majority decision of Council. 48. When discussing the fact that they did not support a decision, or voted against the decision, or that another Council Member did not support a decision or voted against a decision, a Council Member shall refrain from making disparaging comments about other Council Members or about Council's processes and decisions. 49. Nothing in this Bylaw is intended to affect rights under the Charter of Rights and Freedoms. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 ## Orientation and Training Attendance 50. After first being elected, a Council Member shall attend all sessions of orientation training on Village Business that are organized by a Municipal Officer unless doing so is not practically possible. 51. A Council Member shall attend any sessions of training on Village Business that are identified as mandatory by Council, the Chief Administrative Officer, the Village Solicitor, the Corporate Officer or the Commissioner, unless doing so is not practically possible. ## PART 2 - PROCESS FOR COMPLAINTS ## Individual Steps to Resolution 52. If a Council Member, an Advisory Board Member or Staff considers that they have been subjected to a contravention of this Bylaw by a Council Member and if they are comfortable discussing the matter directly with the Council Member, they may inform the Council Member of the alleged contravention and request an apology and, if applicable, that the contravention cease immediately. 53. If the complainant is unable to discuss the matter directly with the Council Member, or if after discussion the contravention continues, the complainant may inform the Chief Administrative Officer of the allegation. The Chief Administrative Officer may then agree to act as an advisor to aid the complainant or appoint an advisor as the Chief Administrative Officer deems suitable. 54. The advisor acting under section 53 shall assist the complainant, including discussing the alleged contravention with the Council Member to resolve the complaint. 55. If the complainant is not satisfied with the outcome after the advisor has finished assisting the complainant under section 54, the complainant may proceed to Mutual Resolution by filing a written record of the allegation with the Commissioner within 10 days of being informed by the advisor of the outcome. 56. Nothing in this Bylaw precludes the complainant from making reasonable efforts in good faith to address the complaint internally and informally without resort to the Mutual Resolution or Formal Resolution procedures set out in this Bylaw. 57. Nothing in this Bylaw precludes the complainant from taking measures that the complainant is entitled to take under law, including but not limited to filing a human rights complaint, a grievance or other applicable process under a collective agreement, a complaint with WorkSafe BC, or other proceedings, as applicable. 58. Discussions regarding the complainant's concerns are confidential, advisory and informal in nature. The only exception to the Commissioner or an advisor maintaining confidentiality is if they deem the complaint to indicate a possible physical threat to any person. In that case, the advisor must immediately inform the Village Solicitor of the complaint and inform the complainant of this requirement to do so. The Village Solicitor must then promptly request the Commissioner to initiate an investigation and inform the complainant of this request and may take any additional steps deemed appropriate to deal with the possible physical threat. ## Mutual Resolution 59. If the Individual Steps to Resolution process is unsuccessful in resolving the complaint, at the request of the complainant and with the agreement of the Council Member, a third party will be selected under section 60 to act as a mediator to assist the individuals in resolving the complaint through mediation. If the parties cannot agree to resolve the complaint through Mutual Resolution, then the complainant may elect to proceed to Formal Review. 60. The role of the mediator is to help the complainant and the Council Member come to an agreement, and not to advocate a position or impose a decision. The mediator will be selected by agreement of the complainant and the Council Member, with the Commissioner retaining the right to select a mediator if the complainant and the Council Member are unable to agree. 61. Both the complainant and the Council Member may be accompanied by a representative of their choice, including a lawyer or if the complainant is a member of a union, a union representative or a lawyer on behalf of the union, or both. If the complaint is resolved through Mutual Resolution, a written record of the complaint and the resolution will be given to the complainant, the Council Member and the Commissioner. If the mediator has recommendations for the Village to consider, the mediator will forward these recommendations to the Commissioner and the Village Solicitor. The resolution and recommendations must be kept in confidence by the Commissioner, Village Solicitor and the parties, unless the parties agree in writing to disclose the information. 62. If Mutual Resolution is not successful in resolving the complaint, the complainant may pursue other options by confirming in writing his or her election to the Commissioner within ten working days of receiving the mediator's report. ## Other Processes 63. Failing Mutual Resolution, a breach of this Bylaw can be determined for the purposes of proceeding with a Council measure under section 72 by way of: 2. (a) an admission by the Council Member; 3. (b) an agreement with the Council Member; 4. (c) a report from a standing or select committee invested with investigation powers under section 134 of the Community Charter, 5. a Formal Review. (d) ## Complaints 64. Any person who has witnessed or experienced conduct by a Council Member which they believe to be in contravention of this Bylaw, or another Village policy governing conduct of a Council Member may submit a complaint to the Commissioner in accordance with sections 68 and 69 of this Bylaw. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 65. If a Designated Management Employee, as defined in the Village's Respectful Workplace Policy, receives a complaint under the Respectful Workplace Policy, the Designated Management Employee may elect to refer the complaint to the Commissioner for resolution pursuant to this Bylaw. ## Formal Review 66. After the invocation of the procedures under sections 54 through 60 of this Bylaw, the complainant may elect to proceed with a formal complaint, which must be delivered in writing to the Commissioner in accordance with sections 62 and 67 of this Bylaw. This written complaint shall contain the particulars of the complaint, including the dates on which the conduct that is the subject of the complaint occurred 67. The complainant must deliver the written complaint within six months of the date of the alleged contravention of this Bylaw unless the parties have agreed in writing to postpone this deadline in order to pursue another resolution process. 68. Upon receipt of the written complaint, the Commissioner shall: 4. take whatever steps the Commissioner considers reasonable with the complainant and the Council Member to resolve the matter informally under sections 52 through 61 within ten working days, if they have not already done so; or 5. confirm in writing to the complainant and the Council Member that the Chief Administrative Officer or other advisor has terminated attempts to resolve the matter informally; and then 6. (C) begin an investigation within ten working days of the request being filed. 69. In keeping with the principles of procedural fairness, the Commissioner shall: 8. (a) ·confirm receipt of the written complaint to the complainant; 9. (b) notify the Council Member of the allegation, provide the Council Member with a copy of this Bylaw and advise the complainant of this notification; 10. receive information from any witnesses who the Commissioner believes may have information relevant to the complaint, and this information may be received through written documentation, interviews, or informal hearings; 11. (d) keep both the complainant and the Council Member aware of any allegations made against them and ensure that they are given a reasonable opportunity to respond; 12. (e) inform the complainant and the Council Member that they may be accompanied by a representative, including a lawyer, of their choice during the Formal Review process, including the closed meeting described in sections 82 and 83 of this Bylaw. 70. If the Council Member fails to respond, the Mayor at the request of the Commissioner may compel witnesses under section 134 of the Community Charter. 71. The Commissioner shall ensure all details, dates, conversations and meetings are documented. These working records created by the Commissioner are confidential. Once the investigation has been completed, the Commissioner shall prepare a written report and provide a copy of the report to the Chief Administrative Officer and Council. The report must, at a minimum, contain a description of the allegations, a summary of the evidence of the parties and the witnesses, and a determination of whether a contravention occurred. The report may also provide recommendations with respect to the potential outcome. ## Council Determination of Measures 72. Council shall decide on the appropriate measures, if any, are warranted by a contravention of this Bylaw and shall take such action as Council considers appropriate in the circumstances, after: 2. (a) reviewing the report of the Commissioner; 3. (b) considering the factors described in section 73 and the measures enumerated in section 74; and 4. (c) conducting a closed meeting in accordance with the process described in sections 82 and 83 of this Bylaw. 73. In determining the appropriate measure, Council shall consider the following factors: 6. (a) the degree and nature of the conduct; 7. (b) whether the contravention was a single or repeated act; 8. (c) whether the Council Member was told that the conduct was unwelcome or offensive, and nonetheless continued the conduct; 9. the nature of the work relationship of the complainant and the respondent, and whether the Council Member was in a position of authority over the complainant, such that the degree and nature of the conduct was thereby exacerbated by an abuse of power; 10. (e) the impact of the contravention on the complainant; 11. (f) the Council Member's acknowledgment of wrongdoing; and 12. (g) the Council Member's history of other contraventions. ## Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 74. Council may impose the following measures after considering the factors described in section 73, including, but not limited to: 2. (a) an apology from the Council Member in substantially the form set out in Schedule 3. (b) removal of the Council Member from appointments such as chairperson, committees, commissions or Advisory Boards; 4. (C) motion of censure; 5. (d) mandatory training on Village Business, the Community Charter, or this Bylaw; 6. (e) referral to a prosecutor or police; 7. (f) any other action recommended by the Commissioner; and 8. (g) any other measure permitted by the Community Charter, the Local Government Act, the Local Elections Campaign Financing Act and the Charter of Rights and Freedoms. 75. The Council decision under section 72 will be in writing and provided to the complainant and Council Member within ten working days of the closed meeting conducted in accordance with sections 82 and 83 of this Bylaw. ## Staff Responsibilities in the Complaint Process 76. If the Commissioner concludes that a contravention has occurred, the Chief Administrative Officer shall consider reasonable action to protect the complainant from any subsequent action or reprisal. The Chief Administrative Officer shall also consider reasonable action to protect the rights of the subject Council Member and to see that no reprisal takes place beyond the measure determined by Council. 77. If the Commissioner finds that the original complaint was initiated in bad faith, with willful misconduct or intent to harm, where the complainant is a Council Member, Council may consider appropriate measures in respect of the complainant and where the complainant is Staff. the Chief Administrative Officer may consider appropriate measures in respect of the complainant. 78. A copy of the Commissioner's report and the Council decision will be retained in a confidential file maintained by the Chief Administrative Officer, except when all or part of the decision is disclosed to the public in accordance with the Freedom of Information and Protection of Privacy Act. 79. The Commissioner may proceed with a Formal Review even if the complainant withdraws the complaint. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 80. If approved by Council, the Chief Administrative Officer shall consider implementing administrative changes to Village policies or procedures recommended by the Commissioner's report. ## Fairness Procedures Applicable to Council Determination of Measures 81. Sections 82 and 83 only apply if the complaint is not resolved under sections 52 through 61 of this Bylaw and if Council is considering measures under section 72. 82. The Mayor, or the Corporate Officer if the Mayor is alleged to have contravened this Bylaw, will notify the affected Council Member in writing that Council will be considering their conduct at a closed meeting. The notice and form of resolution where a breach is believed to have been proved are set out in Schedule A. The notice must be delivered at least seven business days in advance of the closed meeting at which Council will consider the measure, if any, that it will impose in accordance with section 72 of this Bylaw. The Corporate Officer will ensure that the matter is placed on the agenda of the closed meeting. At the closed meeting, the affected Council Member may be represented by legal counsel, which may be reimbursed in accordance with section 89 of this Bylaw. 83. The process at the closed meeting may vary depending on the situation, but the following elements will be incorporated: 4. (a) Council will read the Commissioner's determination of whether a contravention of this Bylaw occurred; 5. (b) the affected Council Member will be provided with reasonable notice in accordance with section 69(b) and given the opportunity to make submissions to Council, with legal counsel if the Council Member desires, which submissions, without limitation, may include explanations for the impugned behavior or suggestions on the measures that Council might impose as a result of the conduct; 6. (c) after the affected Council Member has made the submissions to Council, the Council Member will leave the meeting room and those Council Members without a conflict of interest will consider the measures, if any, to impose in accordance with section 74 of this Bylaw; and 7. (d) written notice of the decision will be given in accordance with section 75 of this Bylaw. ## Mandatory Training 84. If the Commissioner recommends mandatory training for a Council Member, and if Council resolves to accept the recommendation pursuant to section 74(d) of this Bylaw, then the Council Member shall attend the training. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 ## Obstruction - It is a contravention of this Bylaw to obstruct the Commissioner in the carrying out of their responsibilities, as for example, by the destruction of documents or the erasing of electronic communications relevant to a complaint. ## Legal Fees 86. If a member of Staff is a complainant under this Bylaw, the Chief Administrative Officer may authorize the member of Staff to be reimbursed for legal fees reasonably incurred if the complaint was meritorious and a written request for reimbursement is filed with the Chief Administrative Officer within three months of any final disposition of a complaint under this Bylaw. 87. Council may reimburse a Council Member for legal fees reasonably incurred if a Council Member is subjected to the procedures set out in this Bylaw, provided that: 3. (a) The Commissioner ultimately does not determine that the Council member acted with dishonesty, gross negligence, or malicious or willful conduct; or 4. (b) in any event, if Council so resolves after considering all the circumstances, if the Council Member files a written request for reimbursement with the Chief Administrative Officer within three months of any final disposition of a complaint under this Bylaw. ## General 88. The Corporate Officer will cause 2. (a) this Bylaw to be visible and accessible on the Village's website, and 3. (b) electronic copies of this Bylaw to be made available to all Staff and Council Members in easily accessible locations, including the Village's intranet. 89. If any portion of this Bylaw is inconsistent with a binding collective agreement with the Village or federal or provincial legislation, that portion and only that portion of this Bylaw will have no application to the extent of that inconsistency and all other portions of the Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 90. This bylaw shall take force and come into effect as of the date of adoption. READ A FIRST TIME on March 27, 2023 READ A SECOND TIME March 27, 2023 READ A THIRD TIME on April 11, 2023 ADOPTED by the Council on April 24, 2023  Nameross Jamie Ross Mayor fluchardon Raula Richardson Chief Administrative Officer This is a certified a true copy of Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 Chief Administrative Officer  ## SCHEDULE A ## NOTICE TO COUNCIL MEMBER OF COUNCIL CONSIDERATION OF BREACH OF THE COUNCIL MEMBER CONDUCT BYLAW ## CONFIDENTIAL Date Dear [/nsert Name of Subject Council Member], Please be advised that the Village of Belcarra Ethics Commissioner (the "Commissioner") believes that you may have breached COUNCIL CODE OF CONDUCT BYLAW XXXX. I am placing this matter on the agenda of the Council closed meeting to be held on Insert date must be at least seven business days from date this is delivered to member] The reason for the meeting is to consider the Commissioner's report and recommendations, and to consider a resolution in relation to this breach. Enclosed is a copy of the Resolution that will be considered at the meeting for discussion, debate and a vote. Note that one of the possible ultimate outcomes of the process described in the Resolution is that Council may be considering imposing sanctions flowing from the breach, including removing you from your appointment to committees or other appointments, censuring you, requiring an apology, requiring training, referral to a prosecutor or police, seeking damages, releasing a public statement, or following any other recommendation of the Ethics Commissioner. I wish to expressly notify you that you may retain legal counsel to represent your interests in this matter. Prior to Council voting at the in-camera meeting to determine which sanction they wish to invoke, if any, you will be provided with the opportunity to address Council regarding the contents of the draft form of resolution and any other documents that Council may have before it. Following any submissions, you (or your legal counsel) make at the in camera meeting, Council will retreat and consider this matter. We will attempt to decide what measure or measures (if any) are appropriate under the bylaw. Regarding any Council decisions, we will provide you with written reasons for our decision(s). Sincerely, (Mayor) Encls ## CONFIDENTIAL Whereas Council has concluded that [Insert name] has breached COUNCIL CODE CONDUCT BYLAW XXXX. by [INSERT]; And Whereas [Insert name] has been afforded procedural fairness with respect to Council's consideration of this matter, and in particular [/nsert name] was notified at least seven business days in advance: - (a) that Council would be considering the matter of the breach of and was given a copy of this draft Resolution and any documents that may be considered by Council, including the report and recommendations of the Village of Belcarra Ethics Commissioner; - (b) that Council may consider, subject to continuing procedural fairness, sanctions including an in-camera motion of censure, removal from any appointment to committee or external entity, referral to law enforcement or a prosecutor, seeking damages, reduction or elimination of remuneration, or public notification of any sanctions; Whereas [Insert name] was expressly informed of their right to retain legal counsel and for their legal counsel to be present at the Council meeting in which this Resolution would be discussed and voted on; Whereas [/nsert Name] was given the opportunity to personally, or via their legal counsel, make submissions to the rest of Council regarding their conduct in this matter; Whereas Council has considered the submissions made by [Insert Name] and/or their legal counsel; Whereas Council has attempted to reach a consensus as to the appropriate measures; Whereas Council has provided united or separate written reasons so that [/nsert name] understands the basis for the decision to address the concern that [Insert name] is alleged to have breached the bylaw; ## SCHEDULE A (Continued) RESOLUTION (CLOSED MEETING) Be it Resolved as follows: 1. That Council shall address what it has concluded to be a breach of COUNCIL CODE OF CONDUCT BYLAW XXXX, by way of (as applicable): 2. (a) A motion of censure; 3. (b) Removal from [insert name] committee or [Insert outside appointment]; 4. (C) Revocation of appointment to [insert external agency or entity]; 5. (d) Referral to a crown prosecutor; 6. (e) Public notification of sanctions; 7. (f) Seeking damages; 8. (g) Referral to police for an investigation under the Criminal Code or [/nsert provincial statute]; 9. (h) Mandatory training; 10. (i) Requirement for apology. 2. That Council will consider pursuing all legal options available with respect to any potential future breaches of the bylaw on the part of [/nsert name]; 3. That the Corporate Officer be directed to publish a media release containing the information concerning this matter that may be released in keeping with the Village's obligations pursuant to the Freedom of Information and Protection of Privacy Act, substantially with the content of the following: [Insert wording]. Village of Belcarra Council Code of Conduct Bylaw No. 609, 2023 Going forward, I commit to being more careful in my [words / actions] and to making better efforts to respect and abide by my obligations set out in the Code of Conduct. Please accept my heartfelt apology. Sincerely, ## [name] [title] For Your Information: British Columbia's Apology Act provides that an "apology" made by or on behalf of a person in connection with any matter does not constitute an express or implied admission or acknowledgement of fault or liability. "Apology" is defined as "an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault." The Act further provides that an apology does not void, impair or otherwise affect any insurance coverage that is available, or that would, but for the apology, be available to the person in connection with the matter. Evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any court as evidence of the fault or liability of the person in connection with that matter and must not be taken into account in any determination of fault or liability. ## SCHEDULE C TABLE OF CONTENTS | Definitions... | | |----------------------------------------------------------------------------------|---------| | Interpretation. | | | PART 1 - CONDUCT OF ELECTED OFFICIALS | ...5 | | General Conduct. | ..5 | | Interactions of Council Members with Staff, Volunteers and Advisory Body Members | ..5 | | Conduct at Council and Advisory Board Meetings | 6 | | Improper Use of Influence | . 6 | | Election Activities.. | 6 | | Conflicts of Interest | ..7 | | Outside Activities and Business Relations | ...8 | | Council Members' Use of Municipal Assets and Services | ...9 | | Employment of Council Family Members | ..9 | | Gifts. | ...9 | | Collection and Handling of Information | 10 | | Council Members' Use of Social Media | ..11 | | Communication Protocol | 11 | | Interactions with the Public and the Media. | 11 | | Orientation and Training Attendance | ..12 | | PART 2 - PROCESS FOR COMPLAINTS | 13 | | Individual Steps to Resolution | 13 | | Mutual Resolution | 14 | | Other Processes. | .....14 | | Complaints. | ..14 | | Formal Review | . 15 | | Council Determination of Measures .. | 16 | | Staff Responsibilities in the Complaint Process | 17 | | Fairness Procedures Applicable to Council Determination of Measures.. | 18 | | Mandatory Training | 18 | | Obstruction | 19 | | Legal Fees | 19 | | General. | | ..19 ..1 4